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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Derivative Works, Music, My Stories, Unsung Heroes

Bonfire – Fireworks

When I heard the “Fireworks” album from Bonfire I got the impression that they were superstars already. The album to me is a definitive piece of hard rock, melodic rock, heavy metal and euro metal all merged into one cohesive package.

I had a friend who had a friend who had a friend that made me a copy of the album on cassette. I had no idea who was in the band, who wrote the songs, who produced it and on what label it was on.

What I did know was the music. And the music was great. It brought Bonfire from the minors into the majors for me. And as much as the press labeled them overnight sensations, overnight sensations they were not.

Claus Lessman and Hans Ziller started to work together in a band called Cacumen in 1978. “Fireworks” came out in 1987. Yep, this overnight sensation was nine years in the making. And to top it off, “Fireworks” was Bonfire’s second album, and if you add the releases from Cacumen, this overnight sensation was a five album veteran.

And here is one for those copyright maximalist. In the late nineties, Lessman and Ziller had a six-year legal battle to get back the album copyrights of their pre-Bonfire band Cacumen. The court case finished up in 2004, with a win to them.

Yep, the companies that originally released the Cacumen albums ceased to exist. They did nothing with the music while they existed. However the people who still worked at those companies held the copyrights for those releases instead of the songwriters in the band. And when the band wanted them back, they fought tooth and nail to keep them.

I can hear people asking what is the sense for holding the copyright of albums and not releasing them?

The answer is plain and simple. GREED. The record label owners were waiting for someone to come and give them enormous loads of money for the Cacumen albums they still controlled. Thank god the courts saw in Bonfire’s favour.

The band for the release consisted of Claus Lessmann on vocals, Hans Ziller and Horst Maier-Thorn on guitar and Jörg Deisinger on bass.

Who you say?

That was exactly the same thing that I said when I found out the band member names.

“Ready 4 Reaction” and “Never Mind” are a great one/two punch to kick off the album. This is what the Eighties album delivered once upon a time. That knockout one/two punch. The great albums delivered even more knockout punches on subsequent tracks and to be honest Bonfire delivered a great album.

Both songs are composed by the band members and you get that Euro Metal Scorpions/MSG vibe immediately.

The lead break and the harmonies in “Ready 4 Reaction” provided an instant connection to me. How good is Hans Ziller. The Eighties was the era of the guitar hero. While other guitarists took the limelight and the instructional tape offers, Hans Ziller let the music do the talking.

Michael Wagener’s production is also crisp and clear.

If you are a fan of music that like genre’s “Ready 4 Reaction” well here is a new one for you, melodic speed metal.

Then the tempo goes into rock territory for “Never Mind” with the pinch harmonics riff that gives Zakk Wylde a challenge for who can do better pinch harmonics. And that lead break is another powerful piece of composition.

“Sleeping All Alone” and “Sweet Obsession” are both written by a songwriting committee like the current songs that make up the top 40 pop charts. Jack Ponti and Joe Lynn Turner this time are included as songwriters along with the four band members.

“Champion”

Some people hate him
but a winner never quits
when he’s rollin’ he’s a one man blitz – look out

Aint that the truth. Everyone hates a winner, thinking that it should have been them instead. People always think that they had the better song, the better look, the better story and so on. But the reason why people win, is that they never stop.

In the end, Bonfire was one of the thousands of bands that signed contracts stacked against them and of course they got ripped off. If you have read any interview with Hans Ziller and Clauss Lessman, they say the same. A small consolation is that Bonfire was not the only band who were ripped off. But it took its toll and Hans Ziller left the band in 1989.

And one more mention as it is not on an official Bonfire album.

Sword and Stone

It’s written by Desmond Child, Paul Stanley and Bruce Kulick. By the late eighties, Desmond Child was rock royalty. Riding high on the charts with hit songs from Bon Jovi, Aerosmith and Kiss.

“Sword and Stone” sounds like a lot of other songs that came before it and a lot of songs that came after sound like it, but, man, I tell ya, there is something about this song that just makes me play it on a regular basis.

You can hear the “Crazy Crazy Nights” and “Hot In The Shade” pop metal stylings in this song. It was originally a demo for the KISS album “Crazy Nights”. Paul Dean from Loverboy also used the song for his “Hardcore” album. But the Bonfire version is the one that I like.

It appeared on the “Shocker” soundtrack which to be honest is a pretty wicked soundtrack and having “Timeless Love” from Saraya coming after “Sword and Stone” it was another one/two punch.

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Music

Who Should Be Credited For What?

As a guitarist, I more or less write a whole song from start to finish with completed lyrics and melodies.

When I was in bands, I would bring the song to the band and we would start jamming it. In the course of the jam session, the drummer comes up with a bass drum pattern under the current riff, so the second iteration I decide to syncopate the current chords with the pattern. Does that mean that the drummer now deserves a song writing credit?

The singer doesn’t like the chorus melody and suggests that we tweak it a little bit to suit his style. We try it out and it works. I don’t like it, however the band’s harmony is more important than my ego. With the vocal melody change, the underlying riff now needs to change as it sounds too busy. So instead of playing the busy riff, i move to just standard chords. Does that mean that the singer now deserves a song writing credit?

On both occassions the changes happened within the context of the song that I submitted. No new music was brought in and no extra lyrics got written.

The bass player locks in with the syncopated drum/guitar groove and suggest that we do that again for an interlude. The song didn’t have an interlude, so we try it out and it works well. It grooves. Does that mean that the bass player now deserves a song writing credit?

The above examples are all different scenarios that happen within a band and it those scenarios in the end that lead to court cases when bands break up or fire members.

There is always a main songwriter in each band. That is why in Motley Crue you see a lot of songs written by Nikki Sixx. Iron Maiden have Steve Harris. Skid Row has Rachel Bolan. Zebra has Randy Jackson. Badlands had Jake E Lee as the musical force and Ray Gillen as the lyrical force. Same as White Lion. Vito Bratta was the music man and Mike Tramp was the words man.

In the majority of the cases, the original song writer will be listed as the song writer. There could be a band agreement in place here that distributes monies earned from the songwriter to the other band members in relation to licensing royalties.

For example, “This Is A New Song” has Member A listed as the main songwriter and all royalties, licensing and publishing go to Member A. Member A has a band agreement in place that states that Member A needs to distribute 30% of those monies to the other three band members. So if the band has four members, Member A will get 70%, Member B will get 10%, Member C will get 10% and Member D will get 10%.

Then Member D gets fired or just leaves. The band agreement is renegotiated to include Member E who takes up the percentage of Member D.

When a band member leaves or is fired, they are angry. They feel betrayed. They want payback. They want recognition. So what do they do. They start legal proceedings. They start to claim they should be credited as songwriters. They start to claim mismanagement of monies and how they have been underpaid. They start to claim that “This Is A New Song” was their idea and that Member A took that idea from them.

For example, should Sting take all the Puff Daddy royalty monies? Apart from Puff Daddy lifting the chorus vocal melody, it is the Andy Summers guitar riff that is heard throughout his version. Granted, that the guitar riff is based on Sting’s chord structure. Maybe there needs to be a bit more common sense used for licensing arrangements if pieces of music are sampled.

I am currently listening to the Lynch Mob album called “Wicked Sensation”. It is a great album and it involves some of the best work of the guys involved. A look at the album credits shows that all the music was done by George Lynch. This is what bass player Anthony Esposito had to say about the song writing sessions that took place in an interview on the Metal-Rules website;

“George plays the way George plays and there are always little turnarounds that he’ll always throw in. Oni [Logan] is a genius at taking little things, like “Do that little lick, George. Give me that.” and making that the verse. … Oni’s very talented with that; you can hear what Oni did to George. My argument is that George goes around telling everybody that he wrote all the music, listen to every record George did after that and it doesn’t come close. WICKED SENSATION was completely a band effort and the reason why it came out so great is you had [Wild] Mick [Brown], Mick is like the king of the chorus, he writes these big choruses, these hooks, he’s like a Beatle guy. It was all of our colours and I’m the dark guy, I was always like the punk rock guy. I think I brought in the dark textures like “For a Million Years” and “Hell Child” that are like dark, you know, because Dokken wasn’t dark, Dokken was “foofoo”, with a great guitar player. Lynch Mob had none of that, it’s all the elements of the four of us and that made that record so awesome because it wasn’t just one guy writing it all.”

So let’s use Lynch Mob as an example.

George Lynch comes in with music. Let’s just say that it just riffs. No song structures, just riffs. Oni Logan picks out the bits that he wants and he writes vocal melodies to those riffs. So the music is created by George Lynch and the lyrics/melodies are created by Oni Logan. However, those initial riffs from George Lynch are just that, riffs, so the song is arranged by Oni Logan, as he was making the call on which pieces of music to use for verses and choruses. So should be another credit for ARRANGEMENT. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN
ARRANGEMENT – LOGAN

Another way is that George Lynch comes in with the music, all arranged in an intro/verse/chorus fashion. Oni Logan writes the lyrics to the Lynch’s arrangement. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN
ARRANGEMENT – LYNCH

Another way is that George Lynch comes in with the music, all arranged in an intro/verse/chorus fashion, however Oni Logan re-arranges the order of the riffs. The verse riff becomes the intro, the chorus riff remains as the chorus and the intro becomes the verse riff. Mick Brown then makes the chorus the pre chorus and a asks George Lynch to come up with a riff to suit his vocal melody. If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LOGAN, BROWN
ARRANGEMENT – LYNCH,LOGAN, BROWN

Another way is that George Lynch comes in with the music and the lyrics with vocal melodies all arranged.If that is the case the credits would look like this;
MUSIC – LYNCH
LYRICS – LYNCH
ARRANGEMENT – LYNCH

In my view there needs to be a rethink here. How is the ORIGINAL CREATOR going to be credited? They are the ones that spent time in solitude coming up with musical ideas and the lyrical ideas before presenting it to the band.

Dee Snider is credited as the songwriter for Twisted Sister. He has a contract with Jay Jay French, where 20% of the publishing income goes to Jay Jay French. Should he have that contract? What about when the band goes through the process of jamming on Dee Snider’s mouth ideas.

The bottom line is this; if the original band stays together and it’s always smooth sailing and monies are paid on time and honestly (without any creative accounting) no one really cares who is credited. However as soon as band members leave and are replaced it starts to get messy.

Expect dirt like this to come out with Adam Duce’s case against Machine Head.

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Copyright, Music, My Stories, Stupidity, Treating Fans Like Shit

The Ballad Of Bob Daisley

The music business is tough. Regardless of the opportunities that the Internet has given to creators, it is the rich that still control the business. The term rich these days can range from executives to artists. For those artists that played the game and succeeded, kudos to them. For those artists that played the game, succeeded, lost it all and re-succeeded, special kudos to them.

However as time passes, the artists and executives that have come out on top start to rewrite history, trumping up their roles in previous events in order to suit their point of view and positions of power in the present day.

The wife of Peter Criss has called his biography “full of lies”. Tom Werman has disputed events in Nikki Sixx’s “The Heroin Diaries”. Dee Snider even disputed the authenticity of an heroin addict keeping a diary.

However, what happens when an artist in a position of power at the moment, does their best to undermine the work of previous people in their career. One such case is Ozzy Osbourne and his partner in crime Sharon Osbourne.

Has anyone heard of the “Whigs”? The whiggish view on history is a view which holds that history follows a path of inevitable progression and improvement and which judges the past in light of the present. They fail to look at other factors and failures or other paths that where taken.

This is what the Osbourne’s have done to Bob Daisley. They are trying to re-write history to show that Ozzy Osbourne himself was the main reason why his solo career progressed. They are omitting important facts that when Randy Rhoads and Bob Daisley signed on, it was always spoken of as a band. They are omitting important facts that the band was actually called Blizzard Of Ozz. They are omitting important facts of Ozzy punching Randy, because Randy didn’t want to do a live covers album of Black Sabbath songs. Most importantly, they are omitting the main fact, that Bob Daisley served as the lyricist for the band for six albums.

The first slap in the face of Bob Daisley and Lee Kerslake was the “Diary of A Madman” album. On the sleeve, Rudy Sarzo is credited as playing bass and Tommy Aldridge is credited as drummer, however both people have come out and said that they didn’t play a note on the album. Bob Daisley and Lee Kerslake played on the album, however they are not credited. That is why a dispute occurred. It is in relation to unpaid performance royalties.

In 1986, Daisley and Kerslake took Jet Records and Don Arden (Sharon’s father) to a London court. Of course they won the case, and they thought that they would get their royalties and that “Diary of a Madman” credits would be changed. It didn’t happen. Having had a long relationship with Ozzy, he still believed that it would be sorted out. Promises were made, however nothing changed. His life was threatened when he asked about his royalties.

Unbeknown to Daisley was that Ozzy and Sharon had bought the rights to Ozzy from Don Arden and Jet Records in 1983.

If Daisley was not good at what he did, why would the Osborne’s call him back to write lyrics and music for “Bark At The Moon”, “The Ultimate Sin”, “No Rest For The Wicked” and “No More Tears”.

Daisley was constantly ignored, until he took the Osborne’s to court for unpaid performance royalties for the “Blizzard Of Ozz” and “Diary Of A Madman” albums. In response to that, the Osbourne camp removed both Daisley’s bass and drummer Lee Kerslake’s parts from the new re-issued versions of Blizzard and Diary, opting for Ozzy’s current drummer (Mike Bordin from Faith No More) and bass player (Rob Trujilo now Metallica) to record their own parts onto the CD. This happened for the 2002 re-issues.

However in 2011, the original tracks were reinstated for the 30th anniversary issue.

Entertainment attorney Steven Machat, who was involved in the deal Osbourne signed with Jet Records, said in his 2011 book “Gods, Gangsters and Honour: A Rock ‘n’ Roll Odyssey” that Osbourne’s soon-to-be manager and wife Sharon Arden was not happy with the level of creative input Kerslake, Rhoads and Daisley had in the “Blizzard of Ozz” album and did not want them to share the credit.

As a songwriter I have had people that were not even in the band when the song was created put in song writer percentages claims on songs. Those songs I also had registered years prior. It is a frustrating and unregulated process, where the onus was on me, the main songwriter to prove that I was the sole songwriter, while the fraud claimers on my songs just sat back. Because, they didn’t care. If I couldn’t prove that they were my songs, then they get a credit for something they didn’t do. If I could prove that they were my songs, then they just lied a bit more, until they lost interest. So I can feel the frustration and disappointment that Bob Daisley would have felt being written out of Ozzy’s history as merely a session player.

Especially when you look at the plethora of information out there that clearly states that Ozzy’s post Sabbath project was a band. All of the Randy Rhoads material written after his death states the same, Bob Daisley and Lee Kerslake state the same, initial publicity releases state the same, however Ozzy and Sharon state differently.

The sad thing is that if anyone reads the credits to the “Bark At The Moon” album, you will see it listed as “All music and lyrics by Ozzy Osbourne.” Like, yeah right, Ozzy really churned out all of those riffs. It is sad at to what level the Osbourne’s stooped at that stage. One more thing, read the book from Ozzy and tell me how many times he mention Jake E. Lee in the book. But that is a story for another day.

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A to Z of Making It, Classic Songs to Be Discovered, Copyright, Derivative Works, Influenced, Music, My Stories

One Thing Cannot Be Disputed; Those Artists Who “Steal, Copy, Imitate” Are The Most Successful

So you are one of those artists that has a song or a few songs in the list of 4 million that haven’t been streamed yet on Spotify.

Then you hear a song that sounds very similar to your song.

Do you scream “theft” and lawyer up, preparing for a court case that you don’t have the funds for?
Do you just shrug your shoulders and move on?
Do you send the artist an email and ask him to acknowledge you as a songwriter to their song?
Do you use the fame of the current song to bring attention to your song?

I am sure in 90% of the cases, everyone will do the first part. Everyone will scream theft and then they will start a long and expensive court process. If the publisher controls the copyright, then this will happen 100% of the time.

Since the Copyright industries have grown into Corporate monoliths, it is suddenly uncool for an artist to use previous works as influences for further works. Even the audience of certain bands weigh in on the argument, calling certain bands rip offs and so forth.

However, one thing cannot be disputed, those artists who “steal” are the most successful. Those who “imitate” are the most successful. Those who “copy” are the most successful.

Led Zeppelin built a career on copying blues and folk standards.

Metallica built their career by copying their NWOBM influences and many others.

Oasis built a career on copying from “The Beatles”.

The Beatles built a career on copying from blues and rock standards.

Coldplay has built a career on the “progress is derivative” model.

Bon Jovi has built a career on re-writing their hits. Seriously, if you look at their catalogue, “Living On A Prayer” has been rewritten for every album that came after “Slippery When Wet.” New Jersey had “Born To Be My Baby”. Keep The Faith had the title track. Crush had “It’s My Life”.

In the rock and metal worlds let’s look at the songs burning up the rock charts.

Five Finger Death Punch – “Lift Me Up” has a vocal melody in the verses similar to “The Ultimate Sin” from Ozzy Osbourne. A lot of people call it theft, I call it influence. Imitation is a form of flattery. The song is getting the plays. People are paying attention and that is what artists want.

It is not about sales anymore, it is about listening. Are people listening to your music?

Avenged Sevenfold – the whole “Hail To The King” album copies from other artists who of course copied from other artists for their own music. Again, a lot of people call it theft, I call it influence. Imitation is a form of flattery.

Megadeth paid homage to Black Sabbath’s, “Children of the Grave” in their new song “Kingmaker”.

Alter Bridge also paid homage to Black Sabbath’s “Children Of The Grave” and Ozzy Osbourne’s “Revelation Mother Earth” in the solo section of their song “Fortress”.

Continuing on with Alter Bridge, the song “The Uninvited” has a strong resemblance to Tool’s “Schism”. Do these odes to their influences make them unoriginal? No chance. The “Fortress” album is a great showpiece in technical riffage and great melodies.

Airbourne is making a career referencing AC/DC.

Motley Crue borrowed from Mountain’s “Mississippi Queen” and Stevie Wright’s “Eve” for their song “Sex”.

Black Sabbath copied from their own past to create ’13’. “The End Of The Beginning” is basically the song “Black Sabbath” re-written again in 2012

Call it the Rick Rubin effect. He even convinced Metallica to rewrite their earlier albums for 2008’s “Death Magnetic.”

Dream Theater even borrowed from the Rick Rubin effect. They got some flack on “A Dramatic Turn Of Events”, as the songs followed a similar structure to songs from “Images and Words”. Dream Theater did do a great job at masking it, as the songs do come across as independent “stand on their own” compositions, however the hard core fans will pick up the references to their earlier material.

The next time a person is creating their little masterpiece and it sounds like something that is known before, don’t abandon it. Chances are it will connect with millions.

It is a shame that we have a generation of people that have grown up with a belief that music is created in a vacuum and they decide that legal threats is the best way forward. When Balance Sheets are affected, these industries will do anything to hold on or maintain their profits.

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